If you want to revoke your irrevocable Power of Attorney (POA), let me tell you, it’s very difficult. Under Section 202 of the Indian Contract Act, 1872, a principal cannot revoke such an irrevocable POA to the prejudice of the agent’s interest without the agent’s consent. But it is not truly impossible to revoke.
POA cannot be unilaterally revoked by the principal in the usual way if certain legal conditions make it genuinely irrevocable.
In general, a POA becomes truly irrevocable only when it is a “power coupled with an interest.” It means the agent (attorney-in-fact) has a legal or proprietary interest in the subject matter (for example, to secure a loan or complete a transaction), so that revoking it would harm the agent’s interest.
However, in practice, an irrevocable POA can be terminated in limited situations:
Mutual Written Agreement: If both the principal and the agent agree in writing to end the POA, it can be revoked.
Fulfilment of Purpose: Once the specific purpose of the POA is accomplished (e.g., loan paid off, project completed), it ceases to operate.
Breach or Fraud: If the agent misuses power or commits fraud, the principal can seek court intervention to cancel the irrevocable POA.
Death or Incapacity: The death or incapacity of either party generally ends normal POAs. But when a POA is truly irrevocable due to real interest, it may continue until the interest is settled.
Also, simply calling a POA “irrevocable” in its title is not enough. Courts look at whether the agent truly has an interest that justifies irrevocability. I hope this answers your query about can a irrevocable power of attorney be revoked.
Contact NoBroker Legal Expert for POA Revoking Queries.
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Can a Irrevocable Power of Attorney be Revoked?
ruchi
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2025-12-23T07:06:23+00:00 2025-12-29T13:22:36+00:00Comment
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